RAJAKUMARAN Vs. RASAMMAL ALIAS GURUVAMMAL

JUDGEMENT

(1.) This civil revision petition is directed against the decreetal order dated 21.7.1997 passed in I.A. No. 329 of 1996 in unfiled Appeal Suit on the file of the learned Principle District Judge, Srivilliputhur, condoning the delay of 240 days caused in filing the appeal suit and the application filed by the plaintiff-respondent.

(2.) The petitioner is the defendant in a suit filed for partition by the first plaintiff- respondent in O.S.No. 409 of 1994 on the file of the District Munsif's Court, Srivilliputhur by the judgment and decree dated 25.8.1995. The Additional District Munsif, Srivilliputhur dismissed the suit. Within the period of limitation to prefer an appeal, the respondents herein did not even apply for copies of the judgment and decree in the above said suit. Only after the expiry of the said period of limitation, the copy of the judgment was applied for and obtained. Thus, there was about 240 days delay to file the first appeal before the Prinicpal District Judge, Srivilliputhur. In order to condone the delay, the respondents filed an Interlocutory Application No. 329 of 1996 which was effectively resisted by the petitioner herein. However, the said application was allowed and the delay was condoned.

(3.) Aggrieved by the same, this Civil Revision Petition has been preferred by the petitioner-defendant. Mr. S. Sundaragopal mainly contended that the delay ought not to have been condoned, in view of the judgment of this Court in S. Pakkiriraj v. S.N. Kulasekaran in which it has been held that it is not possible to condone the delay under Section 5 of the Limitation Act, if a copy application was filed after the period of limitation.